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Storeboard Terms and Conditions

Terms and Conditions

This Terms and conditions of User Agreement ("Agreement") sets forth the legally binding terms for your use of Storeboard.com created by Storeboard, Inc. ("Storeboard").  By using Storeboard you agree to be bound by this Agreement whether you are a consumer or business on Storeboard. By becoming a member of Storeboard you are agreeing to abide by all the applicable laws and to this Agreement. To receive a full copy of this agreement please email: [email protected] with the subject: Terms of Use Agreement.

Storeboard reserves the right to modify this Agreement.  Such modifications shall be effective on all postings, listings and networking on Storeboard after the modification date. If you use Storeboard after such a modification, you, the user, is bound to any of the changes.  Storeboard reserves the right to remove any postings, as well as suspend, restrict or terminate your membership at any time, for any reason, with or without prior notice.

Eligibility
Use of Storeboard is void where prohibited. By using Storeboard you are representing that you are:

  1. Over 14 years of age
  2. Providing accurate and truthful knowledge including:
    1. Your Real name and other information you provide
    2. Representing that the account created is for your own, or your business's use.
  3. Not using Storeboard to do anything unlawful, misleading, or malicious, including uploading viruses or other malicious code.
  4. Not using Storeboard to harass or intimidate any other user.

Terms
This Agreement shall remain in full force and effect while you use Storeboard. You may terminate your membership from Storeboard at any time.

Fees
By agreeing to be a member of Storeboard you acknowledge that Storeboard has the right to charge and change fees at its discretion. Storeboard does not guarantee that any section will always remain free of charge. Mobile Fees: While we do provide mobile services from Storeboard please be aware that such use is subject to your carrier's normal rates and fees.

Password
By becoming a member of Storeboard, you, the user, assume all responsibility for maintaining the confidentiality of your password. You also agree by becoming a member to notify Storeboard if you suspect any unauthorized use of your account.

 

Proprietary Rights

  1. Storeboard does not claim any ownership rights to any text, images, photos, videos or audio that is posted to Storeboard. Ownership over such materials is retained by the member. By displaying, posting, or publishing any content on Storeboard, you hereby grant Storeboard, Inc. a limited license to use, modify, display, reproduce, and distribute content in order to provide Storeboard's services. This license is terminated when your content is removed from Storeboard. This license also does not give Storeboard the right to sell or distribute your content outside of the Storeboard services without your permission.
  2. You represent and warrant that:
    1. you own the Content posted by you on Storeboard and/or have the right to grant the license set forth in this section,
    2. the posting of your Content on or through the Storeboard service does not violate the privacy rights, publicity rights, copy rights, contract rights or any other rights of any person.
  3. Storeboard is protected by copyright, trademark, patent, trade secret and other laws, and Storeboard owns and retains all rights by Storeboard.

Content Posted
Storeboard may delete any content that is judged to violate this Agreement, or which it finds offensive, illegal, or violating the rights and/or safety of any person. Storeboard does not assume responsibility for monitoring for inappropriate content or conduct.

Right To Edit

Storeboard is dedicated to promoting your business. We reserve the right to edit your profile and to replace it with an appropriate image if you have not uploaded one yourself. We will inform you of any changes we make and you, of course, can override them going to Your Storeboard and selecting Manage Your Profile. We are dedicated to getting you the most business and exposure we can. If we see an error we want to correct it. If we think it can be improved. If you don't like something we did just let us know! Thanks for your confidence and participation in Storeboard.

Copyright Policy
You may not post, modify, distribute, or reproduce any copyright material, trademarks or other proprietary information without obtaining prior written consent of the owner of such proprietary rights. Any such violators will have their membership terminated. If you have any complaints or wish to report Copyright Infringement , please review and comply with our DMCA policy as set forth in our terms and conditions..

Reporting Copyright Infringement (DMCA Policy)

The Digital Millennium Copyright Act 17 U.S.C. Section 512 ("DMCA") provides a legal procedure by which you can request that the operators of Storeboard.com ("Website") take-down your copyrighted work(s) appearing on the Website without your permission. This procedure requires that You send a written DMCA Notice of Alleged Infringement ("Infringement Notice"), as specified under the DMCA and as set forth below, to our designated agent for notice of copyright infringement ("Designated Agent").

If You are a copyright owner, or are authorized to act on behalf of a copyright owner, and You believe that copyrights are being infringed upon in connection with any content ("Content") displayed on the Website, please contact our Designated Agent in writing with the information set forth in the Infringement Notice Content section below, as follows:

Philip A. Nicolosi
Phil NIcolosi Law, P.C.
6735 Vistagreen Way, Suite 210
Rockford, IL 61107
(815)314-0022

Please send your Infringement Notice by email to: [email protected].
Please use the following subject line: "Notice of Infringement."


This Policy follows the procedures provided in the DMCA, which prescribes a notice and takedown procedure, subject to the registered user’s right to submit a counter-notification claiming lawful use of any disabled Content. In the event any of the provisions in our policy conflict with any applicable requirements under the DMCA then the requirements under the DMCA shall supersede and control and the hereby incorporated into this policy by reference. If we are notified of any claimed copyright infringement, or otherwise become aware of facts and circumstances from which infringement is apparent, we will respond expeditiously by removing the Content or disabling access to the Content that is the subject of the alleged infringing activity.

Infringement Notice Content: If You believe that any Content appearing on this Website constitutes copyright infringement, you must submit the following information to us in writing consistent with the DMCA: 1) an electronic or physical signature of any person authorized to act on behalf of the owner of the protected interest; 2) a brief description of the copyrighted work that You claim has or is being infringed upon; 3) a description of the location on the Website where any allegedly infringing Content may appear, including the URLs of web pages and/or hyperlinks; 4) Your address, telephone number, and email address; 5) a statement by You stating that You have a good faith belief that the infringing use is unauthorized; 6) a statement by You, under penalty of perjury, that the information contained in any notice to us pursuant to this Policy is accurate and that affirms that You are the copyright owner, or that You are authorized to act on behalf of the copyright owner(s).

Disputing Claims of Infringement: You may protest any alleged claim of infringement pursuant to any DMCA by submitting a counter-notification as described below. Anyone who has posted Content that allegedly infringes a copyright may send our Designated Agent a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When our Designated Agent receives your counter notice, the Designated Agent may, in its/his/her sole discretion, reinstate the alleged infringing materials not less than 10 nor more than 14 calendar days after it receives the counter-notification, unless our Designated Agent receives notice from the claimant that they have filed a legal action to restrain the allegedly infringing activity. In some cases, where the infringement is done knowingly, we reserve the right, in our sole discretion, to terminate the user account of any user who has submitted/posted infringing Content. This decision will be based upon the facts and circumstances surrounding each instance of infringement. We will comply with the appropriate provisions of the DMCA in the event a counter-notification is received by our Designated Agent.

In order to send a proper Counter-Notification, You must send a written notification to our Designated Agent including the following information:
  1. Identification of any Content that has been removed or to which access has been disabled on our Website and the location which the Content appeared before it was removed or access to it was disabled;
  2. State, under penalty of perjury, that You have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  3. Provide Your name, address, telephone number and, if available, email address;
  4. State that You consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the United States, for any judicial district in which You may be found, and You will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person.
False or Misleading Notices: We shall determine the sole manner in which we decide to treat any non-compliant notices in whatever manner appears to be reasonable given the facts and circumstances presented. Any claimant or user who submits a DMCA Notice, Counter-Notification or any other notice which contains any false or materially misleading information will automatically forfeit any rights under this Policy and such notice shall be considered null and void by us.

Notice to our Website Users: Pursuant to our Content Submission Policy, you are required to use only lawfully-acquired creative works as Content and your user account on this Website may be disabled and/or terminated upon receipt of any Infringement Notice that indicates that infringing material has been submitted or posted by You. However, You are afforded the opportunity to provide a response to any alleged claims of infringement, as set forth above. We will reinstate any allegedly infringing Content and/or reinstate access to your account on this Website within a reasonable amount of time in the event we determine that reinstatement of the Content is warranted pursuant to the terms of this Policy.

Repeat Infringers: If any of our Website users violate this Policy or our Content Submission Policy more than once, such users’ account/membership will be subject to immediate termination. If you believe that any user of this Website is a repeat infringer, please contact our Designated Agent and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.

Merits of Claims of Infringement: You acknowledge and understand that we and/or our Designated Agent are not responsible for determining the merits of any claims of infringement of the Content submitted on this Website. We do not make any determinations based upon our interpretation of any relevant copyright or trademark laws or otherwise. We only respond to any claims of infringement according to the DMCA and according to this Policy as a “service provider” within the meaning of the DMCA. Any determination to take down or reinstate any alleged infringing Content is strictly based upon the procedures set forth in this Policy only.

Trademark/Service Mark Policy

If You believe that any Content appearing on this Website constitutes trademark or service mark infringement, you must provide us with the same information in writing consistent with our DMCA Policy set forth above, except that all copyright information shall relate to the trademark or service mark instead.

You agree that, in the event we receive a written "Cease and Desist" letter or other demand ("Notice") alleging that any Content You have posted to this Website infringes upon, dilutes, tarnishes or otherwise violates the trademark/service mark rights of any third parties, we may in our sole discretion, remove or disable access to such Content until we receives either:

  1. Written confirmation from the party sending such Notice that the Notice is withdrawn or has been resolved; or
  2. You submit sufficient evidence to satisfactorily rebut the allegations contained in such Demand, the adequacy of such evidence to be determined by us in our sole discretion and which we may reject for any reason without penalty or liability to You. In order for us to accept such rebuttal, You expressly acknowledge and agree that such rebuttal shall include:
    1. The information set forth in our DMCA Policy above for a valid Counter-Notification, except that all copyright information shall relate to the trademark/service mark instead; and
    2. An express, irrevocable and binding obligation pursuant to which You shall indemnify, defend and hold us harmless from any damages, costs, or expenses that we may incur, in any manner whatsoever, arising out of or in connection with the disputed Content and/or our restoration thereof.

As a condition of being permitted to post Content onto our Website, You acknowledge and agree that:
  1. We are not under any obligation to restore access to any Content even if You provide a rebuttal and that the determination of sufficiency of any` evidence provided in a rebuttal shall be at our sole discretion;
  2. You expressly waive and disclaim any claim or potential claim against us related to or arising out of our removal of or disabling of access to any Content in response to a Notice, including without limitation any claim for lost revenue, lost profits and/or expenses. and,
  3. The procedures of the DMCA apply only to copyrighted materials and expressly exclude any other form of Intellectual property rights, including any rights in trademarks, service marks and/or trade names and that the foregoing process is intended only to provide a convenient mechanism for addressing such disputes and does not, and shall not be construed, as imposing upon us any of the obligations imposed under the DMCA whatsoever.

Member Disputes
Storeboard reserves the right to monitor disputes between you and other members, however it has no obligation to do so. You are solely responsible for your interactions on Storeboard.

Privacy
Use of Storeboard is also covered by the Privacy Policy, which is incorporated into this agreement by this reference.

Limitation of Liability
IN NO EVENT SHALL STOREBOARD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF STOREBOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STOREBOARD'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO STOREBOARD FOR THE STOREBOARD SERVICES DURING THE TERM OF MEMBERSHIP.

Disputes
If there are any disputes involving Storeboard you agree that the dispute shall be governed by the laws of the State of California, USA without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New Jersey.